NEW US TAX LAWS CONCERNING PERSONAL REAL ESTATE FOR 2018

New tax laws concerning personal real estate for 2018 and beyond under the New US tax laws.

Deductible interest on personal residences and second homes is limited to that interest paid on loans secured by those properties up to $750,000 in loan amounts.

Deductions for personal home and second home  property taxes and state income taxes are limited to $10,000 per year.

You get a standard deduction of  $ 24,000  if filing jointly and $ 12,000  if filing separately. Therefore, you mortgage interest, and property taxes and state income tax, as well as medical expenses, and other allowable itemized deductions must exceed these amounts before you get any benefit from personal mortgage interest and property taxes.

These new rules for many taxpayers reduce the benefits of personal real estate ownership including personal residences and second or vacation homes.

It is also important to note that the deductions for dependents and the taxpayers have been eliminated and replaced with only the standard deduction set forth above.

THE ENTITY CLASSIFICATION (“CHECK THE BOX”) ELECTION FOR MEXICO CORPORATIONS

An eligible entity (i.e., an entity that is not on the list of entities prohibited from electing their status) may affirmatively elect its classification by filing Form 8832 with the IRS.  iN Mexico the only type of corporation that can make this election is know as a Socidada Limitada (SRL de CV) This election effectively overrides the entity’s default classification as a corporation for US tax purposes only. It does not effect the classification as a corporation in Mexico. The election is commonly referred to as a “check the box” election, because you put a check in the box on the form next to the entity classification you have chosen for your company.

It’s important to note that the election, if not made to correspond with the company’s incorporation or creation date, can trigger U.S. tax implications. A tax advisor should be consulted if you are considering tax planning that involves a check the box election.

A foreign entity that is required to file a federal tax or information return for the taxable year for which an election is made (e.g., the company has taxable activities within the U.S.) must attach a copy of the Form 8832 to its return. If the entity is not required to file, a copy of the Form 8832 generally must be attached to the return of an owner of the entity. The failure to comply with these filing rules does not invalidate the election, but may trigger penalties.

The advantage of this election for US tax purposes is:

• All of the corporations net income flows through to the US owners and is taxed on their personal return.
• If the corporation pays Mexican income taxes the US owners can claim those taxes as a tax credit on their US return.
• It avoids double taxation of the gain on the sale of any assets of the corporation.
• Will avoid the Mexican corporation from become a personal holding company.

Email us if you have questions. ddnelson@gmail.com

NEW TAX LAW HAS SURPRISE FOR THOSE WHO OWN MEXICO CORPORATIONS - YOU MAY NOW HAVE TO PAY TAX

By Kyle Lodder, CPA

President Trump has signed significant U.S. tax legislation into law today, namely the “Tax Cuts and Jobs Act”.

There are many favorable tax provisions that will benefit many taxpayers, for individuals and businesses. But there are also some quite unfavorable international tax provisions which may adversely impact business owners of non-U.S. corporations.

One specific new provision relates to U.S. persons who own an interest in a non-U.S. corporation.

Under prior law, U.S. shareholders generally are taxed on all income, whether earned in the U.S. or abroad. Foreign income earned by a foreign (non-U.S.) corporation generally is not subject to U.S. tax until the income is distributed as a dividend to the U.S. shareholder.

Under this new law, certain U.S. shareholders owning at least 10% of the foreign corporation generally must include in income starting in 2017 the shareholder’s pro-rata share of the net post-’86 historical earnings and profits “E&P” (i.e. accumulated unrepatriated earnings) to the extent it hasn’t been previously taxed in the U.S.  This is a one-time tax as the U.S. attempts to transition from a worldwide tax system to a territorial type of tax system.

The portion of the historical earnings comprising of cash or cash equivalents is taxed at a reduced rate of 15.5%, while any remaining E&P is taxed at a reduced rate of 8% (it works out to a bit higher rate in some cases). The lower tax rate is intended to recognize that non-cash assets are illiquid and/or in productive use in the business. Nonetheless, this could be a significant tax hit for this upcoming tax season, although there is an option to elect to defer the payment over eight years.

Another problem with this tax is that it’s on deemed income. There isn’t an actual dividend. Rather, it’s deemed income for U.S. purposes. In most foreign countries, this deemed income isn’t considered taxable income. The challenge then is that it’s taxed in the current year for U.S. purposes but not in the foreign country. And when the money is distributed in the future, it typically is treated as a dividend in the foreign country, but not in the U.S. It causes a mismatch and often the lack of use of foreign tax credits, resulting in true double taxation.

 
What to do by year-end?

If you have significant retained earnings, it’d be worth contacting us to see if there are some planning moves to be made prior to year-end. Perhaps it makes sense to withdraw money from the company before year-end to trigger an actual dividend in the U.S. and the foreign country. This will trigger income in both countries to allow for utilization of foreign tax credits. Furthermore, simply withdrawing the money by year-end will allow for us to then determine after year-end how to classify the withdrawal (as a dividend, wage or loan for example).

If there remains tax exposure after considering foreign tax credits, it could make sense to gift shares to a non-resident alien spouse before year-end to a smaller ownership percentage level to avoid this tax.

This is a very new tax concept and not a lot of time has been granted to us to plan around this matter.  Yet, it makes sense to look at this before year-end to see if any moves can be made prior to year-end to put you in a better tax position.

If you require additional information on any aspect of these complex rules, please contact Kyle Lodder CPA at 360.599.4340 or kyle@loddercpa.com.  You can also contact Don D. Nelson International Tax Attorney at ddnelson@gmail.com or 949.480.1235. Kyle works with our firm.

The material appearing in this communication is for informational purposes only and should not be construed as legal, accounting, or tax advice or opinion provided by Lodder CPA PLLC. This information is not intended to create, and receipt does not constitute, a legal relationship, including, but not limited to, an accountant-client relationship. Although these materials have been prepared by a professional, the user should not substitute these materials for professional services, and should seek advice from an independent advisor before acting on any information

All About Real Property Taxes in Mexico

Nick Fong a well known and respected real estate brokeri in Los Cabos has written an excellent article  on everything you need to know about  Property Taxes in Mexico (click on link )

IRS Announces 2018 Tax Brackets, Standard Deduction Amounts, And More

The article linked below from Forbes on the 2017 tax brackets, deductions, etc.  A lot of this may change if Congress succeeds in changing the tax laws this year.  Congresses current plan would generally provide large breaks for the wealthy, small breaks for the middle class and little for the poor. Read the article here

KEY REASONS PEOPLE ARE RETIRING AND MOVING TO MEXICO FROM USA

Read the following article on the key reasons people are retiring or moving to Mexico to conduct their businesse while living a great lifestyle:  https://amarfriendsfoundation.wordpress.com/2016/07/04/key-reasons-why-people-are-relocating-to-mexico/

If you are thinking about such a move and wish to know more about the US tax consequences and the Mexican tax consequences, email us at ddnelson@gmail.com.  We have hundreds of clients in Mexico and spend six months a year there. We can give you the information you need.

Mexico Enforcing 6 Month Tourist Visas and Payment of Taxes By Gringos Living and Working in Mexico

Mexico is now getting tough on 6 month tourist visas and collecting taxes from gringos renting property in Mexico and earning money while living in Mexico.  See more at the link to the article on Yucalandia.

https://yucalandia.com/2017/09/02/inm-continues-to-increase-enforcement-of-restrictions-on-6-month-tourist-visas/

If you are renting property in Mexico and not paying taxes read the rules http://rentaltaxmexico.com/

If you are working and earning money in Mexico read the tax rules at: https://home.kpmg.com/xx/en/home/insights/2011/12/mexico-income-tax.html

If you need help with your US taxes while in Mexico contact us at ddnelson@gmail.com   Remember, you must still file a US tax return on your worldwide income even though you are paying taxes in Mexico. You do get exclusions and credits for taxes you already paid in Mexico. The statute of limitations never expires for the IRS to assess and collect taxes against your worldwide income if you fail to file a US tax return when you are required to file.